§Why CasetextPricing

ROSE v. BANK OF AMERICA (Mauro, J., assigned justice pro tempore; Chin, J., not participating)

Appellants’ Petition for Review

64 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,728 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. Alexander v. Sandoval

    532 U.S. 275 (2001)   Cited 2,629 times   35 Legal Analyses
    Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

  3. Jones v. United States

    526 U.S. 227 (1999)   Cited 1,898 times   19 Legal Analyses
    Holding that "under the Due Process Clause of the Fifth Amendment and the notice and jury trial guarantees of the Sixth Amendment, any fact (other than prior conviction) that increases the maximum penalty for a crime must be charged in an indictment, submitted to a jury, and proven beyond a reasonable doubt"

  4. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,557 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

  5. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,418 times   23 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

  6. Korea Supply Co. v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,653 times   16 Legal Analyses
    Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

  7. Pension Benefit Guaranty Corp. v. LTV Corp.

    496 U.S. 633 (1990)   Cited 556 times   4 Legal Analyses
    Holding that the APA does not specifically require the agency to explain its decision when an informal adjudication is involved

  8. Astra USA, Inc. v. Santa Clara County

    563 U.S. 110 (2011)   Cited 201 times   2 Legal Analyses
    Holding that a contract claim based on the violation of a policy that merely incorporated statutory language was "in essence a suit to enforce the statute itself," and therefore unenforceable in a private action

  9. People v. Harrison

    48 Cal.3d 321 (Cal. 1989)   Cited 1,342 times
    Upholding separate punishments for three acts of sexual penetration over the course of less than 10 minutes where "each of defendant's 'repenetrations' was clearly volitional, criminal and occasioned by a separate act of force."

  10. McKell v. Washington Mutual Inc.

    142 Cal.App.4th 1457 (Cal. Ct. App. 2006)   Cited 704 times   2 Legal Analyses
    Holding that a loan transaction is a business practice under the UCL

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 485,185 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,792 times   315 Legal Analyses
    Prohibiting unlawful business practices

  13. Section 1043 - Peace or custodial officer personnel records

    Cal. Evid. Code § 1043   Cited 1,275 times   1 Legal Analyses
    Addressing "discovery . . . of peace or custodial officer personnel records or records maintained pursuant to 832.5 of the Penal Code"

  14. Section 17203 - Injunctive relief

    Cal. Bus. & Prof. Code § 17203   Cited 983 times   5 Legal Analyses
    Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct

  15. Section 41 - Federal Trade Commission established; membership; vacancies; seal

    15 U.S.C. § 41   Cited 778 times   44 Legal Analyses
    Granting FTC the power to "make rules and regulations for the purpose of carrying out the provisions of this [Act]," 15 U.S.C. § 46(g) (West Supp. 1986)

  16. Section 136 - Definitions

    7 U.S.C. § 136   Cited 639 times   14 Legal Analyses
    Determining "unreasonable risk to man or the environment" includes consideration of "economic, social, and environmental costs and benefits of the use of any pesticide"

  17. Section 1681m - Requirements on users of consumer reports

    15 U.S.C. § 1681m   Cited 346 times   18 Legal Analyses
    Granting federal banking agencies the power "to prescribe regulations applicable to card issuers to ensure that, if a card issuer receives notification of a change of address for an existing account, and within a short period of time (during at least the first 30 days after such notification is received) receives a request for an additional or replacement card for the same account, the card issuer may not issue the additional or replacement card

  18. Section 201 - Definitions

    42 U.S.C. § 201   Cited 232 times   6 Legal Analyses
    Defining "Secretary" as Secretary of HHS

  19. Section 12 - Seal of Comptroller

    12 U.S.C. § 12   Cited 210 times   4 Legal Analyses

    The seal devised by the Comptroller of the Currency for his office, and approved by the Secretary of the Treasury, shall continue to be the seal of office of the comptroller, and may be renewed when necessary. A description of the seal, with an impression thereof, and a certificate of approval by the Secretary of the Treasury, shall be filed in the office of the Secretary of State. 12 U.S.C. § 12 R.S. §330; Feb. 18, 1875, ch. 80, §1, 18 Stat. 317. EDITORIAL NOTES CODIFICATIONR.S. §330 derived from

  20. Section 3369 - Relief to enforce penalty or forfeiture or enforce penal law

    Cal. Civ. Code § 3369   Cited 214 times
    Providing that "[n]either specific nor preventive relief can be granted to enforce a penalty or forfeiture in any case, nor to enforce a penal law, except in the case of nuisance or as otherwise provided by law"

  21. Rule 8.1115 - Citation of opinions

    Cal. R. 8.1115   Cited 73,834 times

    (a) Unpublished opinion Except as provided in (b), an opinion of a California Court of Appeal or superior court appellate division that is not certified for publication or ordered published must not be cited or relied on by a court or a party in any other action. (b)Exceptions An unpublished opinion may be cited or relied on: (1) When the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or (2) When the opinion is relevant to a criminal or disciplinary

  22. Rule 8.500 - Petition for review

    Cal. R. 8.500   Cited 337 times

    (a)Right to file a petition, answer, or reply (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer

  23. Rule 8.504 - Form and contents of petition, answer, and reply

    Cal. R. 8.504   Cited 21 times

    (a)In general Except as provided in this rule, a petition for review, answer, and reply must comply with the relevant provisions of rule 8.204. (Subd (a) amended effective January 1, 2007.) (b) Contents of a petition (1) The body of the petition must begin with a concise, nonargumentative statement of the issues presented for review, framing them in terms of the facts of the case but without unnecessary detail. (2) The petition must explain how the case presents a ground for review under rule 8.500(b)